HLS 19RS-834 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 492
BY REPRESENTATIVES LARVADAIN AND JAMES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides relative to the compensation of persons wrongfully
convicted
1 AN ACT
2To amend and reenact R.S. 15:572.8(H) and (N)(1) and (3) and to repeal Code of Civil
3 Procedure Article 87, relative to compensation for wrongful conviction and
4 imprisonment; to provide relative to the compensation received by the petitioner for
5 the loss of life opportunities resulting from the time spent incarcerated; to provide
6 relative to the purposes for which a person who is wrongfully convicted may receive
7 compensation for loss of life opportunities; to provide relative to the Innocence
8 Compensation Fund; to provide relative to the authority of the Louisiana
9 Commission of Law Enforcement and Administration of Criminal Justice in this
10 regard; to provide relative to the venue in which an application for compensation
11 based upon wrongful conviction and imprisonment may be filed; to provide relative
12 to changes made to R.S. 15:572.8(H)(1) and (2)(introductory paragraph) in Section
13 4 of Act No. 612 of the 2018 Regular Session of the Legislature and the repeal of
14 R.S. 15:572.8(N) and (S) in Section 22 of Act No. 612 of the 2018 Regular Session
15 of the Legislature; and to provide for related matters.
16Be it enacted by the Legislature of Louisiana:
17 Section 1. R.S. 15:572.8(H) and (N)(1) and (3) are hereby amended and reenacted
18to read as follows:
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1 ยง572.8. Compensation for wrongful conviction and imprisonment; petition process;
2 compensation; proof; assignment of powers and duties
3 * * *
4 H.(1) After a contradictory hearing with the attorney general, the court shall
5 render a decision as soon as practical. If, from its findings of fact, the court
6 determines that the petitioner is entitled to compensation because he is found to be
7 factually innocent of the crime of which he was convicted, it shall determine the
8 amount of compensation due in accordance with the provisions of this Section, and
9 it shall order payment to the petitioner from the Innocence Compensation Fund
10 which shall be created specifically for the administration of awards under this
11 Section.
12 (2) Compensation for the physical harm and injury suffered by the petitioner
13 shall be calculated at a rate of twenty-five thousand dollars per year incarcerated, not
14 to exceed a maximum total amount of two hundred fifty thousand dollars, for the
15 physical harm and injury suffered by the petitioner to be paid at a rate of twenty-five
16 thousand dollars annually. As
17 (3) In addition to the compensation provided in Paragraph (2) of this
18 Subsection, the court shall order that the petitioner receive eighty thousand dollars
19 total in compensation for the loss of life opportunities resulting from the time spent
20 incarcerated, the court shall also review requests for payment and order payment, not
21 to exceed eighty thousand dollars, which the court finds reasonable and appropriate
22 and to cover expenses relating to job skills training, education, housing, and any
23 other services such wrongfully convicted person may need. Such compensation shall
24 be paid from the Innocence Compensation Fund to:.
25 (a) Pay the costs of job-skills training for three years.
26 (b) Pay for appropriate medically necessary medical and counseling services
27 for six years to the petitioner at a mutually agreed upon location at no charge to the
28 petitioner, but only if such services are not available from a state or other public
29 facility, clinic, or office that is reasonably accessible to the petitioner.
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HB NO. 492
1 (c)(i) Provide expenses for tuition and fees at any community college or unit
2 of the public university system of the state of Louisiana.
3 (ii) State aid in accordance with this Subparagraph shall include assistance
4 in meeting any admission standards or criteria required at any of the applicable
5 institutions, including but not limited to assistance in satisfying requirements for a
6 certificate of equivalency of completion of secondary education and assistance in
7 completing any adult education program or courses.
8 (iii) The right to receive aid in accordance with this Subparagraph shall be
9 for ten years after the release of a petitioner who qualifies for aid. State education
10 aid shall continue for up to a total of five years of aid when initiated within the ten-
11 year period or until the degree or program for which the petitioner is authorized is
12 completed, whichever is less, as long as the petitioner makes satisfactory progress
13 in the courses or program in which he is enrolled. Aid shall be available for
14 completion of any degree or program which the petitioner chooses and which is
15 available from the applicable institutions.
16 (3)(4) In determining the compensation owed to the petitioner, the court may
17 not deduct any expenses incurred by the state or any of its political subdivisions in
18 connection with the arrest, prosecution, conviction, and imprisonment of the
19 petitioner for a crime of which the board finds he was factually innocent, including
20 expense for food, clothing, shelter, and medical services.
21 (4)(5) A petitioner shall not be entitled to compensation for any portion of
22 a sentence in prison during which he was also serving a concurrent sentence for the
23 conviction of another crime.
24 * * *
25 N.(1) There is hereby established a special fund in the state treasury a special
26 fund to be known as the Innocence Compensation Fund, hereinafter referred to as the
27 "fund". The fund shall be administered by the Louisiana Commission on Law
28 Enforcement and Administration of Criminal Justice. The source of monies for the
29 fund shall be appropriations, donations, grants, and other monies which may become
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1 available for the purposes of the fund. Any judgment rendered pursuant to this
2 Section shall be payable only from the fund established herein. No state agency,
3 political subdivision, constitutional office, nor employee thereof shall be liable for
4 any payment ordered pursuant to this Section.
5 * * *
6 (3) Monies appropriated from the fund shall be used exclusively by the court
7 to compensate petitioners who are found to be factually innocent of the crime of
8 which they were convicted, as provided in Subsection A of this Section.
9 * * *
10 Section 2. Code of Civil Procedure Article 87 is hereby repealed in its entirety.
11 Section 3. It is the intent of the legislature that the changes made to R.S.
1215:572.8(H)(1) and (2)(introductory paragraph) in Section 4 of Act No. 612 of the 2018
13Regular Session of the Legislature and the repeal of R.S. 15:572.8(N) and (S) in Section 22
14of Act No. 612 of the 2018 Regular Session of the Legislature shall never go into effect and
15that the provisions of this Act shall control. Therefore, notwithstanding the provisions of
16Section 25 of Act No. 612 of the 2018 Regular Session of the Legislature, the provisions of
17Section 4 of Act No. 612 of the 2018 Regular Session that amended and reenacted R.S.
1815:572.8(H)(1) and (2)(introductory paragraph) and the provisions of Section 22 of Act No.
19612 of the 2018 Regular Session that repealed R.S. 15:572.8(N) and (S) shall not become
20effective and are hereby repealed.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 492 Original 2019 Regular Session Larvadain
Abstract: Provides relative to compensation of persons who are wrongfully convicted for
loss of life opportunities and other expenses, and provides relative to the Innocence
Compensation Fund.
Present law provides that any person who has served, in whole or in part, a sentence of
imprisonment under the laws of this state for a crime for which he was convicted is entitled
to receive compensation if the conviction has been reversed or vacated and the person has
proved by clear and convincing evidence that he is factually innocent of the crime for which
he was convicted.
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In this regard, present law provides that if, after a contradictory hearing with the attorney
general, the court determines that the petitioner is entitled to compensation because he is
found to be factually innocent of the crime for which he was convicted, the court shall order
that the petitioner receive the following:
(1)Compensation for the physical harm and injury suffered by the petitioner in an
amount equal to $25,000 per year incarcerated, not to exceed a maximum total
amount of $250,000. Such compensation is payable from the Innocence
Compensation Fund at a rate of $25,000 annually.
(2)Compensation for the loss of life opportunities resulting from the time spent
incarcerated. In this regard, the court shall review requests for payment and order
payment, not to exceed $80,000, which the court finds reasonable and appropriate.
Such compensation shall be paid from the Innocence Compensation Fund and only
for the following purposes:
(a)The costs of job-skills training for three years.
(b)Appropriate medically necessary medical and counseling services for six
years.
(c)Tuition, fees, and certain other expenses associated with attendance at any
community college or unit of the public university system of the state of
Louisiana for ten years after the release of the petitioner.
Proposed law amends present law to require the court, upon determining that the petitioner
is factually innocent of the crime for which he was convicted, to order compensation for the
physical harm and injury suffered by the petitioner at the rate set forth in present law, and
shall also order that the petitioner receive $80,000 in compensation for the loss of life
opportunities and to cover expenses relating to job skills training, education, housing, and
any other services such wrongfully convicted person may need. Proposed law removes from
present law the criteria for each category of compensation and the limitations placed on the
number of years for which the petitioner may receive compensation for loss of life
opportunities.
Present law establishes in the state treasury a special fund, to be known as the Innocence
Compensation Fund, administered by the La. Commission on Law Enforcement and
Administration of Criminal Justice (LCLE). Present law provides that the fund shall be used
exclusively to compensate petitioners who are found to be factually innocent of the crime
for which they were convicted. Present law further authorizes LCLE to adopt rules for the
purpose of administering the fund and implementing the provisions of present law.
Act No. 612 of the 2018 R.S., eliminates the present law Innocence Compensation Fund and
LCLE's rulemaking authority with regard to the fund effective July 1, 2020, and upon
elimination of the fund, provides for the payment of compensation awarded pursuant to
present law from the state general fund.
Proposed law provides that Act No. 612 of the 2018 R.S., that eliminates the present law
Innocence Compensation Fund and the authority of LCLE to administer the fund effective
July 1, 2020, shall not go into effect and that the provisions of proposed law shall control.
Proposed law further repeals a provision of present law (C.C.P. Art. 87) that conflicts with
the present law (R.S. 15:572.8(C)) requirement that petitions for wrongful conviction be
filed in the district court in which the original conviction was obtained.
(Amends R.S. 15:572.8(H) and (N)(1) and (3); Repeals C.C.P. Art. 87)
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